Loading...
11-07-2002 Regular Meeting• MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING Miami Shores Village November 7, 2002 The regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday November 7, 2002 at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Chairman Barry Asmus. PRESENT: Barry Asmus, Chairman Barry Perl John Patnick Manny Quiroga Rod Buenconsejo John Busta Robert Vickers ALSO PRESENT: Al Berg, Code Enforcement and Planning and Zoning Director Richard Tremble, Code Enforcement Supervisor Anthony Flores, Code Enforcement Officer Hillary Graver, Code Enforcement Officer Richard Sarafan, Village Attorney Irene M. Fajardo, Administrative Assistant. 1.A) OCTOBER 3, 2002 MINUTES: Mr. Busta made a motion to approve the October 3, 2002 minutes. Mr. Perl seconded the motion. The vote was unanimous in favor. 2.B) FIRST HEARINGS Case No: 2002-03130 Owner: Zoraida Torres Address: 576 NE 97 St. Section: 13-1; Inoperable vehicle on premises. The officer, Anthony Flores, testified that a violation still existed on the property. Pictures were submitted to the Board as evidence of the violation. The property owner, Mr. Torres, was there to offer testimony on his case. He stated that he removed various vehicles from the property and that there was only one operable vehicle left. The Board discussed the issue of having excessive vehicles on the property. The officer confirmed that the vehicles were gone but that the violation was a • Code Enforcement November 7, 2002 Page 2 repeated issue. After further discussion from the Board, Mr. Perl made a motion to adjudicate a repeat violation on the property. Mr. Quiroga seconded the motion. Motion passed 7-0. Case No: 2002-03062 Owner: Liana Ycikson and Julie Sanchez Address: 372 NE 98 St. Section: 520(i); Deteriorated driveways and approaches The officer, Anthony Flores, testified that a violation still existed on the property. Pictures were submitted to the Board as evidence of the violation. The property owner, Liana Ycikson, was there to offer testimony on her case. Ms. Ycikson did not agree that a violation existed on the property since the condition of the driveway was the same when she purchased the property. She stated that this was the first time she was cited for the driveway after living in the property for a few years. The Board members discussed the violation with Ms. Ycikson and what the code states about deteriorated driveways. The Board agreed to give the owner a reasonable amount of time to bring the property into compliance. After further discussion from the Board, Mr. Perl moved for a finding of fact and a conclusion of law that a violation exists according to Section 521(i) of the Miami Shores Village Code. The violator shall correct the violation in sixty(60) days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed in sixty(60) days, the Code Enforcement Officer is to report back to the Board and the Board may then assess a fine against the violator in the amount of $25.00 a day starting on the date of original compliance given in the Notice of Violation. This will constitute a lien on the property of the violator. Costs in the amount of $15.00 per violation are hereby assessed to recoup the Village's expenses in prosecuting the violations to date. Mr. Vickers seconded the motion. Motion passed 7-0. Case No: 2002-03063 Owner: Paul and Teresa Simas Address: 363 NE 98 St. Section: 520(i); Deteriorated driveways and approaches The officer, Anthony Flores, testified that a violation still existed on the property. Pictures were submitted to the Board as evidence of the violation. The property owner, Paul Simas, was there to offer testimony on his case. Mr. Simas stated that he always had gravel on the driveway and that he was never issued a violation. He was not aware that gravel was not allowed in Miami Shores. The Board explained that gravel was never allowed in the Village and advised him to consult with the Planning and Zoning Director to study his options. Mr. Simas agreed to contact the Planning and Zoning Director to discuss his options. After further discussion from the Board, Mr. Busta moved for a finding of fact and a conclusion of law that a violation exists according to Section 521(i) of the Miami Shores Village Code. The violator shall correct the violation in sixty(60) days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed in sixty(60) days, the Code Enforcement Officer is to report back to the Board and the Board may then assess a fine against the violator in the amount of $25.00 a day starting on the date of original compliance given in the Notice of Violation. This will constitute a lien on the property of the violator. Costs in the amount of $15.00 per violation are hereby assessed Code Enforcement November 7, 2002 Page 3 to recoup the Village's expenses in prosecuting the violations to date. Mr. Buenconsejo seconded the motion. Motion passed 7-0. Case No: 2002-03153 Owner: Thomas and Rebecca Ostendorp Address: 320 NE 98 St. Section: Bldg. 6-4; Unauthorized construction and alteration The officer, Anthony Flores, testified that a violation still existed on the property. Pictures were submitted to the Board as evidence of the violation. The property owner, Thomas Ostendorp, was there to offer testimony on his case. Mr. Ostendorp stated that the violation existed before he purchased the property. The Board inquired about the maintenance of the wooden structure. Mr. Ostendorp explained that the structure has not been touched since the purchase of the property. He stated that he wanted to bring the property into compliance. After further discussion from the Board, Mr. Quiroga moved for a fording of fact and a conclusion of law that a violation exists according to Section Bldg. 6-4 of the Miami Shores Village Code. The violator shall correct the violation in sixty(60) days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If compliance is not completed in sixty(60) days, the Code Enforcement Officer is to report back to the Board and the Board may then assess a fine against the violator in the amount of $25.00 a day starting on the date of original compliance given in the Notice of Violation. This will constitute a lien on the property of the violator. Costs in the amount of $15.00 per violation are hereby assessed to recoup the Village's expenses in prosecuting the violations to date. Mr. Buenconsejo seconded the motion. Motion passed 7-0. Summary Adjudication: Cases: 2002-02903, 2932, 2950, 2963, 2967, 2972, 3002, 3007, 3008, 3017, 3018, 3096, 3107, 3135, 3156, 3157. Chairman Asmus read each case and address into the record and asked if anyone was present. No one was present. Richard Trumble testified that Affidavits of Non -Compliance and evidence of violation existed in each of the files. Mr. Quiroga made a motion for a summary adjudication of all such cases to include a fording of fact and conclusion of law that a violation exists as charged in the respective notice of violations issued therein and that, in each case, the offending party will correct the violation within the time period specified by the staff in the staff recommendations for these hearings, and will immediately notify the code enforcement officer when the property is brought into compliance. In each such case, if the violation is not brought into compliance within such time periods, the code enforcement officer may report this back to the Board in accordance with the Board's rules and regulations at which time a fine is hereby authorized to be automatically assessed against the violator in the respective daily amounts specified in staffs recommendations for tonight's hearing, retroactive to the original Code Enforcement November 7, 2002 Page 4 compliance deadline, which will constitute a lean on the property of the violator. Further, with respect to each cases, costs in the amounts specified in staffs recommendations for tonight's hearings are hereby assessed in order to recoup the Village's expenses in prosecuting the violations to date. Mr. Buenconsejo seconded the motion. Motion passed 7-0. 3.C) PENALTY HEARINGS Case No: 2002-02657 Owner: Christian and Jessica Best Address: 186 NE 108 St. Section: 12-133; Unsightly fascia/soffit/house exterior. The supervisor, Richard Trumble, testified that a violation still existed on the property. A letter from the owner was read into the record requesting a continuance for compliance. Mr. Trumble stated that the owner has maintained contact with him but that the case has been continued for a while. Following the submission of evidence relevant to the case, Mr. Quiroga made a motion to adjudicate the fines as noted in the Enforcement Order after staff inspects the property on November 11, 2002, for compliance of the violation. Mr. Perl seconded the motion. Motion passed 7-0. Summary Adjudication: Cases: 2002- 02870, 2915, 2922 Mr. Vickers moved for a summary adjudication of all such cases to include a finding of fact and conclusion of law that a violation exists as charged in the respective notice of violations issued therein and that, in each case, the offending party shall correct the violation within the time period specified by the staff in the Staff recommendations for these hearings, and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. In each such case, if the violation is not brought into compliance within such time period, the Code Enforcement Officer may report this back to the Board in accordance with the Board's rules and Regulations at which time a fine is hereby authorized to be automatically assessed against the violator in the respective daily amounts specified in Staff's recommendations for tonight' s hearing, retroactive to the original compliance deadline, which will constitute a lean on the property of the violator. Further, with respect to each case, costs in the amounts specified in Staff's recommendations for tonight' s hearings are hereby assessed in order to recoup the Village's expenses in prosecuting the violations to date. Mr. Quiroga seconded the motion. Motion passed 7-0. 3.C) REQUEST FOR RELIEF Case No: 2000-02208 Owner: David Nelson Address: 501 NE 92 St. The property owner, David Nelson, was there to offer testimony on the case. The owners, Mr. And Mrs. Augustin, were also there to present their case. Mr. Nelson explained why it took a long time to bring the property into compliance. He stated that the permit was not approved within the amount • Code Enforcement November 7, 2002 Page 5 of time stated in the Notice of Violation. Mr. Nelson offered to pay $200.00 of the total lien amount of $5,000.00. Mr. Quiroga made a motion to accept the offer of $200.00 payable within 10 business days or the lien reverts back to the original amount. Mr. Buenconsejo seconded the motion. Motion passed 5-2. Mr. Asmus and Mr. Vickers voted no. Case No: 2000-01755 Owner: Benissant Augustin/Cenote Senobe Address: 10 NW 110 St. Nedora Harsh, a broker associate, was there to offer testimony on behalf of the owners. The owners, Mr. And Mrs. Augustin, were also there to present their case. Ms. Hash explained why the owners had taken so long to come into compliance. The Board members inquired about the foreclosure on the house. Ms. Hash explained that the remaining money after the foreclosure was placed in escrow. The owners payed the total lien amount of $9,990.00 and were asking for a return of that money. Ms. Hash stated that the owners' offer was for two thousand dollars, but that they needed to pay the mount in full first, before the property went into foreclosure. After further discussion from the Board, Mr. Vickers made a motion to accept the offer of $2,000.00 subject to the Village Manager's approval. Mr. Quiroga seconded the motion. Motion passed 5-2. Mr. Asmus and Mr. Perl voted no. Case No: 2002-02600, 2601 Owner: Orlando Mesa Address: 9310 Biscayne Blvd. The property owner, Manuela Mesa, was there to offer testimony on his case. Mrs. Mesa explained the reasons why it took a long time to bring the property into compliance. She stated that it was the rainy season when the roof was suppose to be brought into compliance. The Board members expressed their thoughts on the amount of time it took for compliance. After further discussion, Mr. Perl made a motion to accept the offer of $400.00 payable within five business days or the lien reverts back to the original amount. Mr. Buenconsejo seconded the motion. Motion passed 4-3. Mr. Asmus, Mr. Vickers, and Mr. Quiroga voted no. Case No: 2000-0873, 874 Owner: Guillermo Agudelo 0875, 876 Address: 467 NE 100 St The attorney, Robert Bollinger, was there to represent the owner and offer testimony on the case. Mr. Bollinger stated that the previous offer had been for $12,601.81 of the total lien amount of $48,660.00. He explained that they were present tonight with a new offer of $24,330.00 to try to satisfy the pending lien. The Board members discussed the conditions of the property and the owners intentions for the property. After further discussion, Mr. Vickers made a motion to accept the offer of $24,330.00 payable within ten calendar days or the lien reverts back to the original amount. Mr. Quiroga seconded the motion. Motion passed 5-2. Mr. Asmus and Mr. Perl voted no. • Code Enforcement November 7, 2002 Page 6 Case No: 2000-01566 Owner: Abbie Salt Address: 10650 NE 10 Ct. The owner, Abbie Salt, was there to offer testimony on her case. Ms. Salt explained the reasons why it took her so long to bring the property into compliance and stated that she was not aware of the procedures in regards to placing liens. Ms. Salt made a previous offer of $500.00 which was denied. She presented a new offer to the Board for $$2,500.00 of the total lien amount of $10,165.00. After further discussion, Mr. Vickers made a motion to accept the offer of $2,500.00 payable within ten calendar days or the lien reverts back to the original amount. Mr. Perl seconded the motion. Motion passed 6-1. Mr. Asmus voted no. Case No.: 2000-01407 Owner: Valerie Gavin Address: 5 NW 107 St. The owner, Valerie Gavin, was there to offer testimony on the case. Ms. Gavin explained that she was not aware that a violation existed when she purchased the property. After she became aware of the violation, she brought the property into compliance. Ms. Gavin agreed that it took a long time to bring the property into compliance. Ms. Gavin offered to pay $525.00 of the total lien amount of $10,440.00 at the previous meeting. She presented a new offer to the Board of $1,500.00. The Board discussed the provisions that come with re -occupancy licenses. Mr. Quiroga made a motion to accept the offer of $1,500.00 payable in sixty calendar days or the lien reverts back to the original amount. Mr. Perl seconded the motion. Motion passed 6-1. Mr. Vickers voted no. Case No.: 2000-01907, 1909 Owner: • Gilberto Martin Address: 1177 NE 104 ST. The property owner, Gilberto Martin, was there to offer testimony on the case. He made a previous offer of $500.00 which was accepted. He explained the reasons why he could not pay the balance in the time specified at the meeting. After further discussion, Mr. Perl made a motion to accept the offer of $500.00 payable in 5 business days or the lien reverts back to the original amount. Mr. Busta seconded the motion. Motion passed 6-1. Mr. Asmus voted no. Case No: 2000-00649 Owner: Greenpoint Funding Mortgage Address: 298 NE 91 St. Heather Hiaky, an attorney representing Greenpoint Mortgage, was there to offer testimony on the case. Ms. Hiaky explained that Greenpoint Mortgage purchased the property at foreclosure sale and since then has sold the property. Money is presently in an escrow account. A title search showed the pending lien when the property was sold. Mr. Sarafan, the Village attorney, explained the process of re -foreclosure. Ms Hiaky amended the offer of the application to $3,025.00. After further discussion, Mr. Buenconsejo made a motion to accept the offer of $3,025.00 payable in ten calendar • Code Enforcement November 7, 2002 Page 7 days or the lien reverts back to the original amount. Mr. Quiroga seconded the motion. Motion passed 6-1. Mr. Asmus voted no. 4.D) ADJOURNMENT: Mr. Buenconsejo made a motion for adjournment. Mr. Vickers seconded the motion. Motion passed 7-0. The November 7, 2002, meeting of the Code Enforcement Board was adjourned at 9:30 P.M. Irene M. Fajardo, Recording Secretary • Mr. Barry Asmus, Chairman